Fresno County Municipal Code Ch. 14.28 Mandatory Water Connection Regulations Within County Service Area No. 43

The board of supervisors of the county finds and declares that due to public health concerns related to the quality of drinking water in the county, and in order to promote and protect public health, welfare, safety, comfort, and convenience, it is necessary to establish mandatory water connection regulations in county service area No. 43 in those areas where public water is available for potable use.

(Ord. 05-026, § 2)

As used in this chapter:

A. "Auditor" means the auditor-controller/treasurer-tax collector of the county of Fresno or a designated employee of that office.

B. "Building official" means the director of the county of Fresno department of public works and planning or an employee of that office designated by the director as a building official.

C. "Health officer" means the county health officer of the county of Fresno, or an employee of the county of Fresno whom the county health officer has designated to act as his or her representative.

D. "Property owner" means the record owner of one or more units.

E. "Public water" means a public water line, meter box and water meter in any public street, alley, or right-of-way along the frontage of a unit. For the purpose of this chapter, public water shall be deemed not to be available to a specific unit, whether existing or proposed, if in the opinion of the building official a public water line lying along the frontage of such unit does not have the capacity to provide water service to that unit.

F. "Public water system" means the community water system maintained by the county of Fresno within county service area No. 43.

G. "State" means the California State Department of Water Resources.

H. "Tax collector" means the auditor-controller/treasurer-tax collector of the county of Fresno or a designated employee of that office.

I. "Treasurer" means the auditor-controller/treasurer-tax collector of the county of Fresno or a designated employee of that office.

J. "Unit" means any dwelling unit, apartment building, hotel, motel, lodging facility, rooming house, or residential trailer coach, as well as any industrial building, warehouse, processing building, institutional building, commercial building or building of similar use, or any division or sub-premises thereof, located within county service area No. 43.

(Ord. 05-026, § 2)

A. Every unit in which a plumbing system is to be initially installed, and every unit having an existing plumbing system installed therein, shall have its water lines connected to the public water system if public water is available. Every unit required to be connected to the public water system shall have all other sources of water disconnected from its plumbing service before connection to the public water system is made.

B. Notwithstanding any provision to the contrary, any unit shall be connected to the public water system within sixty days of written notice to the property owner by the building official that public water is available to such unit. If the health officer determines that continued connection of a unit to a private water well or other source of water will constitute a health hazard, the unit shall be connected to the public water system within a lesser time as specified by the health officer.

(Ord. 05-026, § 2)

A. No permits shall be issued for the installation or alteration of any private water well servicing a unit for which public water is available.

B. No person shall connect any unit to the public water system without a public water connection permit from the building official.

C. No public water connection permit shall be issued by the building official until all applicable fees have been paid.

D. No public water connection permit shall be issued for property within county service area No. 43 unless the building official determines that public water is available.

(Ord. 05-026, § 2)

A. The building official may grant an administrative exception to the requirements to connect to the public water system if he or she determines that physical conditions between the public water meter and the unit make it economically prohibitive to connect to the public water system.

B. The decision of the building official relative to an administrative exception may be appealed by the property owner within thirty days of the building official's decision. The appeal shall be made to the board of supervisors of the county of Fresno which shall conduct a hearing thereon. Such hearing shall be scheduled within thirty days of receipt by the clerk of the board of supervisors of the request for the hearing. The decision of the board of supervisors shall be final.

(Ord. 05-026, § 2)

A. In the event the property owner does not connect to the public water system within sixty days of the notice to connect issued by the building official, then:

1. The county shall enter upon the unconnected property for the sole purpose of completing the connection to the public water system, and such entry shall be made in compliance with applicable law;

2. Once the connection to the public water system is completed, the county shall immediately start billing the property owner the service fee that is normally collected for the operation and maintenance of the public water system; and

3. The county shall assess the property owner an amount equal to the actual expense incurred by the county to connect the property owner's unit or units to the public water system, less any reimbursement actually received by the county from other funding sources. Such assessment shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and any interest thereon is paid or until it is discharged of record. The amount the property owner is assessed per unit pursuant to this subsection shall not exceed ten thousand dollars.

B. If a unit that it is required to connect to the public water system remains unconnected to the public water system after ninety days of the notice to connect issued by the building official, and if the county is then required by reason of such unit's nonconnection to return all or any portion of funds received from the state for the connection of that unit to the public water system, then the property owner of such unit shall pay to the county treasurer the amount actually returned by the county to the state, which payment shall be due within ten days of confirmation of the return of the funds by the county to the state. If such payment is not made to the county treasurer by the property owner within the specified time, the sum unpaid shall constitute an assessment against that property and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and any interest thereon is paid or until it is discharged of record. The amount of the assessment per unit pursuant to this subsection shall not exceed ten thousand dollars.

C. Unless otherwise specifically provided, any person violating the mandatory water connection provisions of this chapter shall be guilty of a misdemeanor as defined in Section 1.12.010 of this code, and shall be subject to the penalties provided therein.

(Ord. 05-026, § 2)

All assessments imposed pursuant to Section 14.28.060 of this chapter shall become payable to the county in installments not to exceed one thousand dollars annually. The auditor shall enter upon the current assessment roll the amounts of the principal installments and interest, and the tax collector shall include such amounts on bills for taxes levied against the respective lots or parcels of land. All laws applicable to the levy, collection and enforcement of taxes of the county, including penalties and interest thereon and cancellation or refund thereof, shall be applicable to such installments.

A copy of the determination of the treasurer finding the assessments remaining unpaid shall be filed in the office of the auditor, who shall maintain a record in his or her office showing the several installments of principal and interest on the assessments which are to be collected for the forthcoming year.

The schedule of payments of principal and interest shall be determined in nearly equal annual installments by the treasurer. The first installment of principal an interest shall become due along with taxes in that fiscal year following the fiscal year in which the assessment is levied.

Interest on all unpaid assessments shall begin to run from the date of recording the notice of lien and shall be computed at the rate specified by the board. Interest shall be computed and collected up to the first day of July succeeding the current fiscal year. In the event the unpaid balance of the assessment is paid in full at any time, the treasurer shall compute interest to date of payment and shall credit the owner with any interest collected along with taxes for the current fiscal year.

The auditor shall annually enter in the assessment roll on which taxes will next become due, opposite each parcel or lot affected, the several installments of such assessment coming due during the fiscal year covered by such assessment roll, including interest due on the total unpaid assessments, and also including an administrative collection charge of one percent of the amount of such installment and interest so entered.

(Ord. 05-026, § 2)